Cannabis in Switzerland is classified as an illegal narcotic.[1] The production, possession, consumption and sale of illegal narcotics, even for personal use, is punishable by a monetary penalty or by imprisonment of up to three years, as are public incitements to the consumption of illegal narcotics.[2]
The enforcement of the prohibition on cannabis is spotty, because around 500,000 Swiss people are believed to use cannabis regularly or occasionally. In a health poll conducted in 1997, 7% of people aged 15 to 39 stated that they were currently consuming cannabis. [3] Also, in 1998, some 250 hectares of land were used in Switzerland to grow cannabis,[4] yielding more than 100 tons of narcotics per year.[5] The produce is sold mostly on the street and used to be sold(in "scent bags" or covertly) through "cannabis shops" clustered in the urban centers until 2005-2006 when most of them were forced to close by the government. These shops, of which there were about 135 in 1999 and which authorities believe earn about 85-95% of their income with illegal narcotics,[6] were the target of irregular police crackdowns in some cities, while in others they were tolerated to some degree. Overall, enforcement varies substantially depending on the canton.[7] Some tolerate limited public consumption[8] while others periodically attempt to limit it. Nationwide, police registered some 27,000 cannabis-related infractions in 1999.[9]
The penalties imposed in practice also vary among cantons to a certain degree. The 2007 penalty guidelines adopted by the Bernese Judges' Association provide as follows:[10]
Infraction | Penalty |
---|---|
Consumption of soft drugs such as cannabis in particularly light cases (taking into account factors such as quantity consumed, frequency of consumption, addiction, prior convictions, etc.) | No penalty. However, as with any infraction, procedural fees and costs may be imposed, and any illegal drugs and associated equipment will be confiscated. |
Consumption of soft drugs in normal cases (first infraction, or minor quantity, or brief period of consumption) | Fine of CHF 100 or more, depending on the accused's financial circumstances. |
Consumption of soft drugs, repeated infractions | Increasing fine or monetary penalty, depending on the severity of the infraction and the accused's financial circumstances. |
Trade in soft drugs, up to 100 g | Monetary penalty of 1–5 daily rates. The daily rate is set by the court and usually amounts to roughly one thirtieth of the accused's monthly income.[11] |
Trade in soft drugs, 100 g to 1 kg | Monetary penalty of 5–30 daily rates. |
Trade in soft drugs, 1 kg or more | Monetary penalty of more than 30 daily rates. |
An attempt to decriminalize possession and consumption of cannabis failed narrowly in Parliament in 2004.[12] As a reaction, a popular initiative to amend the constitution to decriminalize cannabis was introduced. Early results from the national referendum in November 2008 showed only 36.8% of those voting supported decriminalising cannabis.[13]